17 e-Mediation - Mediate.com

17 e-Mediation
4.2 Process Issues
4.2.1 Process Stages
Beyond the general worldview/approach discussion above, not all stages of any particular
process-model a mediator is employing are substantially affected by the online medium.
Reviewing the process, it would seem that the stages most affected are the early steps of
the process, which we will discuss briefly in this section.
4.2.2 Preparation
The pre-process preparation phase requires more intentionality and investment than faceto-face
interventions. In addition to any substantive preparation mediators might routinely
conduct for any given mediation, there are particular medium-related preparatory actions
e-mediators should not neglect. Mediators would do well to use this stage to build rapport
with parties, which will translate into in-process trust. 55 They need to find ways to personalize
themselves to the parties, eliminating distance and creating social presence – such as
through means of introduction, sending a picture or a welcoming video, making an initial
phone call to lend voice to the interaction, etc. They need to evaluate parties comfort and
experience in the online environment, and the degree to which they are adept with the
particular platform or communication method to be used in the actual process. This might
include conducting a test run to make sure that everything functions well and that parties
know which icons to click on. They need to prepare (and perhaps try out) a backup method
for communication in the event that the primary channel fails for whatever reason. 56
4.2.3 Agreement to Mediate
The usual language of a mediator’s typical agreement to mediate must be adapted to
incorporate issues pertaining to the online environment, which might include costs for
video- or tele-conferencing, methods of accepted and binding signature of documents,
etc. 57 In addition, keep in mind that in face-to-face mediation, signing the agreement to
mediate is often preceded by an explanation of its content in simple language. In text-based
e-mediation, it might seem redundant to write what is essentially the same thing twice.
Mediators must find a way to verify that the agreement is understood and accepted. This
might be a good reason for using simple-to-understand language in the agreement itself,
or for sending the agreement to parties well in advance, with enough time to ask any
questions they have before the process is due to begin.
55 Morris et al. (2001).
56 For more on preparing for e-mediation, see S. Jani & C. Getz, Mediating from a Distance: Suggested Practice
Guidelines for Family, Victoria, BC, British Columbia Mediator Roster Society 2010.
57 Id.
387